City of Minot

Regular Council Meeting

Monday September 20,2021 at 5:30PM

City Council Chambers, City Hall (515 2nd Ave SW)

Any person needing accommodation for the meeting is required to notify the city clerks office at 857-4752



1.

ROLL CALL

2.

PLEDGE OF ALLEGIANCE

3.

COVID REPORT

COVID REPORT with Lisa Clute

4.

MAYORAL APPOINTMENT

It is recommended the City Council confirm Roger Reich to the Library Board with a term of July 1, 2021 to June 30, 2024

5.

CITY MANAGER REPORT

6.

CONSIDER THE REPORT OF THE PLANNING COMMISSION

6.1.

SUBDIVISION OF LOTS 1 & 2, THE BLUFFS 17TH ADDITION

It is recommended the City Council approve a subdivision of Lot 7, The Bluffs 7th Addition and Lot 8, The Bluffs 9th Addition to adjust the property boundary between the two lots.  The resulting subdivision is to be known as Lots 1 & 2, The Bluffs 17th Addition. 

6.2.

SUBDIVISION OF LOTS 1-3, HILLTOP 6TH ADDITION

It is recommended the City Council approve a subdivision of Lots 1 & 2, Hilltop 5th Addition to divide two lots into three to be known as Lots 1-3, Hilltop 6th Addition.

6.3.

SUBDIVISION OF AIRPORT INDUSTRIAL PARK 6TH ADDITION

It is recommended the City Council approve a subdivision plat to combine three lots into two to be known as Airport Industrial Park 6th Addition.

6.4.

PUBLIC HEARING: MASTER BLOCK 2ND ADDITION, LOTS 1 & 2

A public hearing to consider a request from Steve Eberle representing Fred Bentz on behalf of Fred Bentz Investments, LLC to annex into city limits and approve a subdivision to consolidate two lots into one to be known as Master Block 2nd Addition.

It is recommended the City Council 

  1. Approve a subdivision to consolidate two lots into one to be known as Master Block 2nd Addition.
  2. Pass an Ordinance to annex Master Block 2nd Addition.
6.5.

PUBLIC HEARING: ZONING MAP AMENDMENT- LOTS 1-20, BOLTON HEIGHTS 11TH ADDITION

A public hearing to consider a request by Jennifer Cook representing Luis Cortez, for a zoning map amendment from “R1” Single-Family Residential District to “R2” Two-Family Residential District for the purpose of constructing Twinhomes on Lots 1 through 20, Bolton Heights 11th Addition.

It is recommended the City Council pass an ordinance for a zoning map amendment from “R1” Single-Family Residential District to “R2” Two-Family Residential District on Lots 1 through 20, Bolton Heights 11th Addition.

6.6.

PUBLIC HEARING: DON'S 2ND ADDITION

A public hearing to consider a request by 42 Minot, LLP, on behalf of Jared L Lochthowe, for the annexation of a portion of the SE1/4 & SW1/4 of Section 35, Township 156 North, Range 83 West and a zoning map amendment from “AG” Agricultural District to “M1” Light Industrial District, on the proposed plat to be known as Don’s 2nd Addition.

It is recommended the City Council 

  1. pass an ordinance to annex a portion of the SE1/4 & SW1/4 of Section 35, Township 156 North, Range 83 West into city limits
  2. pass an ordinance for a zoning map amendment from “AG” Agricultural District to “M1” Light Industrial District
  3. adopt a resolution for a Future Land Use Amendment from Office Business Park and Medium Density Residential to Industrial 
  4. approve a subdivision of a portion of the SE1/4 & SW1/4 of Section 35, township 156 North, Range 83 West to be known as Don's 2nd Addition
6.7.

ZONING ORDINANCE TEXT AMENDMENT

It is recommended the City Council approve an ordinance on first reading for a Zoning Text Amendment.  The proposed changes affect Table 5.1-6(b) and Table 5.1-6(c) related to sign regulations and Section 9.2-1 C. related to written notice to neighboring property owners.

7.

CONSENT ITEMS

7.1.

CITY COUNCIL MINUTES

It is recommended the City Council approve the minutes of the September 7, 2021 regular City Council meeting.

Documents:
  1. 210907.pdf
7.2.

THE FOLLOWING ORDINANCES SHOULD BE CONSIDERED ON SECOND READING

  1.  Ordinance No. 5640    Rezone Lot 2, Erdman’s 2nd Subdivision from M1 to P
  2. Ordinance No. 5646    Amend the 2021 Annual Budget ARFF Live Burn Training
  3. Ordinance No.5647    Amend the 2021 Annual Budget- Travel Expenses for Airport Director Final Candidates      
  4. Ordinance No.5648    Amend the 2021 Annual Budget- FY2020 State Homeland Security Grant Regional Response Award  
  5. Ordinance No.5649    Amend the 2021 Annual Budget- MOT Runway 13/31 Pavement Evaluation
  6. Ordinance No.5650    Amend the 2021 Annual Budget- Cityworks License Upgrade
  7. Ordinance No.5651    Law Enforcement Parking on S Main Street at Trinity Emergency Room     
  8. Ordinance No.5652    No Parking on 13th Avenue SW Between 1st Street SW And S Broadway  
  9. Ordinance No.5653    Amend CMCO Chapter 5-35: Adding a Process to Issue Additional Licenses
7.3.

ADMINISTRATIVE APPROVALS

It is recommended the City Council ratify the attached administratively approved requests.

7.4.

GAMING SITE AUTHORIZATION- PRAIRIE GRIT ADAPTIVE SPORTS

Site approval by the City Council is required as a precondition to obtain a state games of chance license.  Each organization submits documentation annually in order to conduct games of chance at locations throughout the city of Minot. Prairie Grit Adaptive Sports has submitted their application and received approval from the Police Chief.

Recommend approval of the gaming site authorization for Prairie Grit Adaptive Sports to conduct electronic pull tabs at Sammy’s Pizza through June 30, 2022.

7.5.

BURDICK EXPRESSWAY WATERMAIN REPLACEMENT – FINAL PAYMENT (CITY PROJECT NO. 4567.1)

Each year, the Water and Sewer Department budgets funds for water main replacement in areas where old water mains are in poor condition.  This project replaced old cast iron pipe in 1st St SW from 5th Ave across Burdick and about two blocks of water main in Burdick from Main St to 2nd St SE. The lowest bid was received by Post Construction and they have completed all items remaining for the project.

Recommend council approve the final payment in the amount of $234,345.30 for the Burdick Watermain Replacement Project to Post Construction.

7.6.

AWARD 2021 ROUND 2 CDBG-NDR STRUCTURE DEMOLITION/SITE RESTORATION CONTRACT TO DIG IT UP BACKHOE SERVICE, INC.

The City periodically issues demolition/site restoration bids when sufficient properties with structures have been acquired as part of the acquisition program for flood control projects. The intent is to keep on a schedule which supports timing of flood control projects while removing structures from creating hazards. The engineer estimate for this bid which pursuant to HUD procurement rules was required to be prepared prior to bid opening was $445,120.00.  Two bids were received with the lowest responsible bid from Dig It Up Backhoe Service, Inc. in the amount of $414,545.00 The low bid was $30,757 below engineer estimate and, therefore, meets the HUD procurement requirements of being necessary and reasonable.  The low bidder is registered with Sam.gov which reflects a report of no active exclusions or debarment.

City Council approve contract with Dig It Up Backhoe Service, Inc. for CDBG-NDR Round 2 Structure Demolition/Site Restoration Contract in the amount of $414,545.

7.7.

AIRPORT PAID PARKING LOT SNOW REMOVAL OPERATIONS BID

Due to a change in parking management which shifted to a concessionaire-type agreement, the Minot International Airport is now responsible for directly contracting snow removal services at the airport paid parking lots (short-term and long-term). As the Airport is unable to perform snow removal services internally, a bid package and specifications have been developed.

  1.  Authorize the Airport to advertise bids for snow removal services for the paid parking lots for the 2021-2022 snow season; and
  2.  Authorize the Airport to award the snow removal contract to the lowest, responsible bidder; and
  3.  Authorize the Mayor to sign any applicable documentation. 
7.8.

PAVING & UTILITY DISTRICT 2021-1 (4585) - ENG CONTRACT & BUDGET AMENDMENTS

Council previously approved an expansion to the scope of Paving & Utility District 2021-1. These items – the engineering contract amendment and the budget amendment – are necessary to update contracts and budgets to reflect that change.

Recommend that Council:

  1. Approve the amendment to the AE2S engineering contract.
  2. Approve the budget amendment.


7.9.

APPROVE CONTRACT WITH SWANSON & WARCUP, LTD. FOR EMINENT DOMAIN LEGAL SERVICES IN SUPPORT OF ACQUISITIONS ACTIVITIES CONNECTED TO FLOOD CONTROL PROJECTS

Swanson & Warcup, Ltd. does have a contract for Eminent Domain cases which were approved by the City Council prior to July 1, 2021.  This contract remains in effect on an extension previously approved by the City Council to continue until all assigned cases have been resolved.  HUD procurement rules did not allow the City to further extend that contract for assigned work post June 30, 2021.  In early July, it appeared that the remaining acquisitions were on pace to all be amicably resolved but several negotiations have stalled leaving open the possibility of having to go to Eminent Domain.  Therefore, consistent with HUD procurement rules, a new RFP was issued and one response was received from Swanson & Warcup, Ltd. It is not surprising that only one response was received because of the specialized nature of the work as well as the distinct likelihood of few if any cases authorized for such a contract.  The HUD procurement requirement of an estimate of cost prior to opening proposals was use of the existing agreement hourly fee charges meeting the federal requirements.  The City Attorney has reviewed the per hour charges for types of professional services and found them to be within reason which also meets HUD procurement requirements.  In the course of due diligence, it was discovered that the firm’s Sam.gov registration had lapsed but the firm has already submitted reinstatement request.  The federal requirement is that a contract or commitment of funds not be undertaken by a Grantee until the contractor is registered with Sam.gov with no debarment.

It is Recommended that the Council approve the Contract with Swanson & Warcup, Ltd. for Eminent Domain Legal Services in Support of Acquisitions Activities Connected to Flood Control Projects

7.10.

BID ACCEPTANCE AND PURCHASE OF (5) POLICE PATROL VEHICLES

The police department budgeted for five (5) all-wheel drive vehicles to be purchased in 2021. 

Recommend the acceptance of bid by Nelson Auto Center, Fergus Falls, MN for the purchase of five (5) 2022 Ford Interceptor Utility Vehicles for a total cost of $179,452.90

7.11.

ST. JOSEPH’S COMMUNITY FOUNDATION – GRANT

The Fire Department applied for a grant from the St. Joseph’s Community Health Foundation (https://sjchfnd.com/). We were looking for funding to support purchasing equipment for CPR instruction of the community. This instruction would be part of the Cardiac Ready Community project (https://cardiacready.doh.nd.gov/) and also fall under Community Risk Reduction.

 The Fire Chief requests that council allow the Fire Chief to sign the letter of acceptance of the St. Joseph’s Community Health Foundation grant.

7.12.

APPROVAL TO HIRE FIREFIGHTER AND EXCEED THE NUMBER OF UNIFORMED POSITIONS ALLOCATED IN THE 2021 BUDGET

The Minot Fire Department has been approved for 60 shift positions in the 2021 budget. We currently have two openings due to a retirement and an individual that left for another department.   The request is to hire one additional firefighter in preparation of an anticipated shortage in 2021/22. The hiring of this position would allow for the department to start the training process with the other two individuals that will be hired in October to cover the current vacancies.  This additional position would be to cover an individual that will be on military deployment with the National Guard from October 1, 2021 for up to 400 days.  We are not anticipating any retirements throughout the year, but we have a history of losing at least one to two individual per year.  Given the known departures and deployments, hiring the additional position will not impact the budget as the deployed personnel will not be paid by the City during their deployment.  

It is Recommend that Council give approval to allow the fire department to hire an additional firefighter and exceed the allocated number of uniformed positions budgeted for the department in 2021.

7.13.

INTERCOM SYSTEM SUPPORT AGREEMENT

The Airport currently uses Atlas IED for its intercom systems.  Due to the high level of technical expertise involved with the program, ongoing support is required for troubleshooting, maintenance, and software updates.  The annual support agreement will provide remote and on-site technical support, and necessary software updates.  

  1.  Recommend approval of the annual support agreement with Atlas IED for the Airport’s intercom system; and
  2.  Authorize the Mayor to sign the agreement.
7.14.

APPROVE NORTH DAKOTA WATER COMMISSION COST SHARE REIMBURSEMENT AGREEMENT

Commencing February 2, 2012, North Dakota through its State Water Commission has been providing funds to the City of Minot in support of acquiring needed properties for flood control projects. Two of the awards by the State were prior to HUD approval of the CDBGNDR grant and, therefore, by law cannot be counted as leverage match for the CDBG-NDR program. The total State funds for pre-NDR grant is $42,408,258. Since receipt of the CDBG-NDR grant approval including the $13.15 million recently authorized by the State Water Commission, the total available as leverage match is $34,980,147. The City of Minot in its initial approved Action Plan in 2016 projected receiving $60 million in State Water Commission funds. The requirement of the State Water Commission grant is that there be a match split of 75% State funds to 25% City funds (CDBG-NDR counts as match). The current split is approximately 61% to 39%. With remaining CDBG-NDR funds set aside in the category of acquisition/relocation/demolition, should all of the new State funding of $13,150,000 combined with the CDBG-NDR funds, the percentage break down will likely be 70% to 30%. It should be noted that the total State leverage match commitment cited by the City in its 2016 Action Plan is $130 million of which the $60 million was projected for acquisition. The City has received guidance from HUD that state funds used for flood control projects within the City limits after approval of the CDBG-NDR Action Plan and which become City assets (i.e. City responsible for maintenance) can be counted in the match.

It is Recommended that City Council approve the North Dakota Water Commission Cost Share Reimbursement Agreement adding $13.15 million in state leverage funds for flood buyout acquisitions

7.15.

ENCROACHMENT PERMIT - 3 1ST STREET SE - AKSAL/WEEKENDER SIGN

Aksal Group, LLC wishes to install a projecting sign from the western face of their building at 3 1st Street SE. The proposed sign will encroach on the City’s right-of-way. There will be no fiscal impact to the City. Aksal Group will be responsible for installing the sign and removing it if the need would arise.

Recommend approval of the Right of Way Encroachment Permit Application submitted by Aksal Group, LLC for the installation of a projecting sign at their building at 3 1st Street SE.

7.16.

APPROVE CITY PARTICIPATION AND SUPPORT FOR BANK OF NORTH DAKOTA FLEX PACE INTEREST BUY DOWN FOR ESSENTIAL LIVING, INC. PARK SOUTH PHASE 2 AFFORDABLE TOWNHOUSE PROJECT

The Bank of North Dakota offers an incentive program to builders of low/moderate income affordable housing known as the Flex Pace Interest Buy Down program. The bank works through local financial institutions. The City has already participated twice in this program involving CDBG-NDR funded projects including Park South Phase 1 and Blu on Broadway. Through First Western Bank and Trust which was the local institution for the two previous programs, the Flex Pace program is now approved and offered to Essential Living, Inc. which is the non-profit builder of Park South Phase 2. This project is a CDBG-NDR partially funded project through a sub-recipient agreement offering up to $4.8 million to construct new rental units to LMI households for a period of 20 years. The value of the interest buy down is $223,500. 

It is Recommended that City Council approve participation and support for Bank of North Dakota Flex Pace Interest Buy Down Affordable Housing program for Essential Living, Inc. Park South Phase 2 Affordable Townhouse Low/Moderate Income rental development and authorize the Mayor, Finance Director and City Attorney to execute necessary documents for the Flex Pace Program.

7.17.

CITY HALL RETAINING WALL APPROVE PLANS AND SPECIFICATIONS AND CALL FOR BIDS (4398)

In August, the council approved the City Hall Retaining Wall project to restart with final design and bid preparation. Council also approved the addition of watermain replacement and parking surface replacement at the complex. KLJ has finished the plan and specifications and the project is ready for bidding.

It is Recommended that Council approve plans and specifications and call for bids

7.18.

COMMISSION ON AGING DAMAGE CLAIM

The City and Minot Commission on Aging have an agreement that allows the Commission on Aging’s vehicles to be insured under the City’s auto policy to provide them with a discount. The annual premium for their vehicles is then reimbursed by the Commission on Aging each year when the policy renews. For lack of a better place, the insurance has been coded in the shop department’s budget each year.

Damage was incurred on a Commission on Aging vehicle when it scraped the side of a pole in the parking garage. An insurance claim was filed with the City’s insurance agent. The deductible was paid to the City by the Commission on Aging and the remainder of the repair expense was paid to the City by the insurance company. 

It is Recommend City Council approve the Budget Amendment to increase the 2021 damage claim and Commission on Aging revenue accounts and Shop department pass through expenditure.

8.

ACTION ITEMS

8.1.

ADOPT 2022 BUDGET ORDINANCE AND APPLICABLE RESOLUTIONS ESTABLISHING RATES, FEES AND CHARGES

  1.  Recommend the City Council place and pass ordinance no. 5654 on second reading to adopt the 2022 annual budget. 
  2.  Recommend the City Council adopt a resolution establishing the rates, fees, and charges pertaining to the Minot International Airport. 
  3.  Recommend the City Council adopt a resolution establishing rates, fees, and charges pertaining to the Rosehill Memorial Park. 
  4.  Recommend the City Council adopt a resolution establishing rates, fees, and charges pertaining to Sewer. 
8.2.

PUBLIC HEARING: BUILDING RELOCATION REQUEST TO 5301 ZAHARIA DRIVE SE - MOE MOVE

A public hearing to consider a request to relocate a detached garage from 703 Foxtail Drive (3725 10th St SW), Minot ND, 58701 also known as Liechty Homes 1st Addition Lot 1, to 5301 Zaharia Drive SE, Minot, ND 58701, also known as Kopper Sunrise 2nd Addition Lot 1 Block 1. The property is surrounded by similar single family dwellings as well as single story manufactured homes. The immediate area also contains numerous vacant lots. The homeowner stated that the 2 stall, 676 sf garage will be placed on pre-constructed concrete slab.

It is recommended the Committee and Council approve the relocation of the detached garage from 703 Foxtail Drive (3725 10th St SW), Minot ND, 58701 also known as Liechty Homes 1st Addition Lot 1, to 5301 Zaharia Drive SE, Minot, ND 58701, also known as Kopper Sunrise 2nd Addition Lot 1 Block 1, subject to conditions.

8.3.

EDA GRANT PROJECT - VISIT MINOT

Presentation by Visit Minot - Stephanie Schoenrock

Minot Convention and Visitors Competitive Tourism Grant application to the Economic Development Administration (EDA) The Minot Convention and Visitors Bureau, in partnership with the Park District, has developed an innovation economic rescue plan that our region needs to recover from the coronavirus pandemic

It is recommended that Council allow the Mayor to sign the letters provided to move forward in the Grant process.

8.4.

ADOPT A POLICY FOR THE SALE OF RETAIL LIQUOR LICENSES

The total number of available Retail Liquor licenses granted by the City of Minot is limited by the city’s population in Section 5-16 of the City of Minot Code of Ordinances. The official 2020 United States Census determined that Minot has a population of 48,377 residents, meaning the City can issue 32 Retail Liquor Licenses. The City currently has 28 Retail Liquor Licenses in operation, so the City Council, in its sole discretion, may award four four (4) additional licenses. 

It is recommended the City Council adopt a policy to conduct the sale of Retail Liquor Licenses, approve the advertisement and bid specifications and authorize staff to award the licenses to the highest qualified bidders.

8.5.

DONATE THERMAL IMAGER TO GLENBURN FIRE DEPARTMENT

Glenburn Fire Department had a fire in the station that totaled almost all equipment and vehicles that were present.  With this large dollar amount loss, they cannot replace all the equipment in a timely matter and still provide quality services. Minot Fire Department has an out of date thermal imager that is still functional but the technology and imaging is poor compared to newer versions.  This unit has not been in service for years and was removed from a vehicle that is no longer in service. Minot Fire Department could fulfil a need by donating this to the Glenburn Fire Department. 

 Recommend council approve this request to donate a thermal imager to aid in the mission of Glenburn’s Fire department in their time of need.

Documents:
  1. Glenburn Memo.docx
8.6.

RETAIL BEER AND WINE LICENSE – UP YOUR AXE

The City received a request from Up Your Axes, for a Retail Beer and Wine license operating at 21 East Central Ave. Suite 102.  All documentation has been submitted and inspections relating to the proposed premises have been approved by the Police Chief, Building Official and Fire Marshal.

It is recommended the City Council approve the license amendment for Up Your Axe, for a Retail Beer and Wine license operating at 21 East Central Ave. Suite 102.

9.

PERSONAL APPEARANCES

10.

MISCELLANEOUS AND DISCUSSION ITEMS

11.

LIAISON REPORTS

12.

ADJOURNMENT